15.737-22—Depositions.
Depositions for use at a hearing may, with the
consent of the parties in writing or the written
approval of the Administrative Law Judge, be taken
by either the Director or the respondent or their
duly authorized representatives. Depositions may
be taken upon oral or written interrogatories,
upon not less than 10 days' written notice to the
other party before any officer duly authorized to
administer an oath for general purposes or before
an officer or employee of the Department who is
authorized to administer an oath. Such notice
shall state the names of the witnesses and the
time and place where the depositions are to be
taken. The requirement of 10 days' notice may be
waived by the parties in writing, and depositions
may then be taken from the persons and at the
times and places mutually agreed to by the
parties. When a deposition is taken upon written
interrogatories, any cross-examination shall be
upon written interrogatories. Copies of such
written interrogatories shall be served upon the
other party with the notice, and copies of any
written cross-interrogation shall be mailed or
delivered to the opposing party at least 5 days
before the date of taking the depositions, unless
the parties mutually agree otherwise. A party upon
whose behalf a deposition is taken must file it
with the Administrative Law Judge and serve one
copy upon the opposing party. Expenses in the
reporting of depositions shall be borne by the party at whose instance the
deposition is taken.